Appeals Granted

Case

BOARD OF SUPERVISORS OF JAMES CITY COUNTY, ET AL. v. WINDMILL MEADOWS, LLC, ET AL.
(Record Number 130210)

From

The Circuit Court of Williamsburg City and James City County; R. Curran, Judge

Counsel

Leo P. Rogers and Adam R. Kinsman (COUNTY OF JAMES CITY, VIRGINIA)

S. Miles Dumville and Alison R. W. Toepp (REED SMITH LLP) and R. Barrow Blackwell (KAUFMAN & CANOLES)

Assignment of Error

1. The circuit court erred in determining that Va. Code § 15.2-2303.1:1 is to be applied retroactively, despite the absence of any statement of retroactivity contained within Chapters 549 and 613 of the 2010 Acts of Assembly, without any evidence or witness testimony to rebut the long-standing presumption against retroactive laws, and without reconciling statutes in determining retroactivity.
2. The circuit court erred when it awarded costs and attorney's fees against the County for filing the petition seeking judicial interpretation of a statute, despite the respondents' voluntary payment of Cash Proffers to the County and the total absence of any evidence or testimony challenging a County ordinance, administrative, or other action, in conflict with Va. Code § 15.2-2303.1:1.

Date Granted

  6-12-2013